PRINTER'S NO. 1981
No. 1580 Session of 2005
INTRODUCED BY PHILLIPS, B. SMITH, STABACK, BAKER, BELARDI,
BIRMELIN, BOYD, CALTAGIRONE, CAPPELLI, CAUSER, CREIGHTON,
DALEY, FLEAGLE, GEIST, GEORGE, GERGELY, GILLESPIE, GODSHALL,
HANNA, HARRIS, HERSHEY, HESS, HUTCHINSON, M. KELLER, MAJOR,
McILHATTAN, R. MILLER, PICKETT, REICHLEY, SATHER, SCAVELLO,
STERN, E. Z. TAYLOR, YOUNGBLOOD, SOLOBAY AND McNAUGHTON,
MAY 12, 2005
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 12, 2005
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, further providing for the regulation of Cervidae
3 livestock operations.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "Cervidae livestock operation"
7 in section 2303 of Title 3 of the Pennsylvania Consolidated
8 Statutes is amended to read:
9 § 2303. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 * * *
14 ["Cervidae livestock operation." A farm operation which:
15 (1) contains behind fences privately owned members of
1 the genus and species cervus elaphus involved in the
2 production, growing, breeding, using, harvesting,
3 transporting, exporting, importing or marketing of Cervidae
4 species or Cervidae products; and
5 (2) does not allow captive bred or captive held Cervidae
6 species to be harvested through hunting anywhere on the farm
7 operation.]
8 * * *
9 Section 2. Section 2380.1 of Title 3 is amended by adding
10 definitions to read:
11 § 2380.1. Definitions.
12 The following words and phrases when used in this subchapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
16 "Cervid." Any member of the Cervidae family and any hybrid.
17 "Cervidae livestock family." Members of the Cervidae family
18 including deer, elk, moose, reindeer, caribou and hybrids of
19 these animals owned and maintained by a licensee under this
20 subchapter. The term also includes the germ plasm, embryos and
21 fertile ova of these animals.
22 "Cervidae livestock operation." A farm operation which
23 contains behind fences privately owned members of the Cervidae
24 livestock family involved in the production, growing, breeding,
25 using, harvesting, transporting, exporting, importing or
26 marketing of Cervidae species or Cervidae products. The term
27 does not include an animal slaughter facility regulated under
28 Subchapter F (relating to slaughter and processing of domestic
29 animals) or a menagerie permitted under 34 Pa.C.S. § 2964
30 (relating to menagerie permits).
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1 "Harvesting." Any lethal or nonlethal means of collecting
2 cervids or products from cervids on Cervidae livestock
3 operations.
4 * * *
5 Section 3. Title 3 is amended by adding a section to read:
6 § 2380.1a. Cervidae livestock operations.
7 (a) General rule.--A Cervidae livestock operation is an
8 agricultural enterprise of this Commonwealth. Cervidae livestock
9 facilities and their equipment are considered to be agricultural
10 facilities and equipment. Uses related to the farming and
11 harvesting of cervids are to be considered agricultural uses
12 regulated by the department.
13 (b) Duty of secretary.--The secretary shall assure that
14 Cervidae livestock operations are afforded all rights,
15 privileges, opportunities and responsibilities of other
16 agricultural enterprises.
17 Section 4. Sections 2380.2, 2380.4, 2380.5, 2380.6(a) and
18 (d) and 2380.9 of Title 3 are amended to read:
19 § 2380.2. License required.
20 (a) Requirement.--A person may not operate a Cervidae
21 livestock operation within this Commonwealth unless the person
22 has a license. A separate license is required for each Cervidae
23 livestock operation.
24 (b) Classes of licenses.--The department shall establish
25 three classes of licenses for applicants:
26 (1) Class I (Hobby). A Cervidae livestock operation in
27 which members of the Cervidae livestock family may be brought
28 onto the premises through interstate or intrastate commerce.
29 The animals, either alive or dead, may not be removed from
30 the premises except for noncommercial, personal use.
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1 (2) Class II (Breeding). A Cervidae livestock operation
2 in which members of the Cervidae livestock family may be
3 brought onto the premises through interstate or intrastate
4 commerce. Live animals or animal products may be sold or
5 transported, either permanently or temporarily, from the
6 premises through interstate or intrastate commerce, including
7 the movement of the animals temporarily for the purpose of
8 exhibition.
9 (3) Class III (Ranch). A Cervidae livestock operation
10 in which members of the Cervidae livestock family may be
11 harvested through the act of taking or killing of the
12 animals, including chasing, tracking, calling, pursuing,
13 lying in wait, trapping, shooting at or using any personal
14 property in furtherance of any of these purposes. Cervids may
15 be brought onto the premises through interstate or intrastate
16 commerce. Cervids and animal products may be removed from the
17 premises after being harvested through the act of taking or
18 killing of the animals. Live cervids may be removed from the
19 premises and relocated to another premise after the animal
20 has met the conditions of interstate or intrastate transport
21 in a manner consistent with regulations promulgated by the
22 department.
23 (c) Removal of animals.--
24 (1) In addition to the provisions of subsection (b),
25 cervids may be removed from the licensed premises for any of
26 the following purposes:
27 (i) Prevention of the spread of disease.
28 (ii) Furtherance of the health and welfare of the
29 cervids.
30 (iii) Discontinuance of the operation.
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1 (2) Removal of any cervid under this subsection shall be
2 done with the approval of the department or in a manner
3 consistent with regulations promulgated by the department.
4 § 2380.4. Issuance.
5 [The](a) Inspection.--The department shall inspect the
6 premises of and investigate each applicant. An inspection under
7 this subsection may be made by the department or an agent of the
8 department, including a veterinarian accredited by the
9 department.
10 (b) Issuance.--Subject to subsection (c)(3), the department
11 shall issue a license if it determines, after inspection of the
12 premises and investigation of the applicant, all of the
13 following:
14 (1) The premises, including fences, buildings, equipment
15 and sanitary conditions, comply with this subchapter and
16 regulations of the department under this subchapter.
17 (2) The applicant [can] is able to conduct a Cervidae
18 livestock operation in compliance with this subchapter and
19 regulations of the department under this subchapter.
20 (c) Provisional license.--
21 (1) A Cervidae livestock operation which is in operation
22 on the effective date of this subsection but which was not,
23 prior to the effective date of this subsection, subject to
24 licensure shall be granted a provisional license in the
25 appropriate classification.
26 (2) Within one year of the effective date of this
27 subsection, the department shall, for each provisional
28 licensee:
29 (i) perform the investigation and inspection under
30 this section; and
20050H1580B1981 - 5 -
1 (ii) either issue a license or deny the application.
2 (3) If the department does not comply with the time
3 requirement under paragraph (2) for a provisional license, a
4 license shall be deemed to be issued.
5 § 2380.5. Renewal.
6 (a) Term.--A license is valid for a period of [one year] two
7 years from the date of:
8 (1) issuance under section 2380.4(b) (relating to
9 issuance); or
10 (2) deemed issuance under section 2380.4(c)(3).
11 (b) Determination.--A license [may] shall be renewed upon
12 application if the department determines all of the following:
13 (1) The licensee has not been cited for a violation of
14 this subchapter or a regulation of the department under this
15 subchapter.
16 (2) There is no reason to believe that the licensee
17 [cannot] is unable to conduct a Cervidae livestock operation
18 in compliance with this subchapter and regulations of the
19 department under this subchapter.
20 § 2380.6. Keeping and handling of cervids.
21 (a) Pens[, shelters] and enclosures.--The department shall
22 adopt regulations concerning the type [and size] of pens[,
23 shelters] and enclosures used for Cervidae livestock operations.
24 Regulations shall ensure [that pens, shelters or enclosures] all
25 of the following:
26 (1) The fenced enclosure used to hold cervids [are no
27 less than] is at a height not exceeding ten feet from the
28 ground to the top, surrounding the outside perimeter of the
29 operation, and is designed to protect the public and confine
30 the privately owned cervids.
20050H1580B1981 - 6 -
1 (2) The facility is adequate to provide for the health
2 and comfort of the cervids [and be designed to protect the
3 public, confine the cervids and exclude the entity of wild
4 cervids].
5 * * *
6 (d) Dead Cervidae.--Prior to delivery and removal from the
7 Cervidae livestock operation premises, the Cervidae livestock
8 operation shall place the dead cervid or part of a cervid in a
9 package or container or shall attach a label to it. The package,
10 container or label shall have printed upon it the name, address
11 and telephone number of the Cervidae livestock operation who
12 produced the cervid. The Cervidae livestock operation shall also
13 issue a receipt, detailed invoice or consignment document
14 including the date of shipment or sale, the name of the shipper,
15 purchaser or consignee, the quantity and sex and species of the
16 cervid so shipped or sold and the name and address and [permit]
17 license number of the Cervidae livestock operation shipping,
18 consigning or selling cervids. A dead cervid produced under the
19 authority of the Cervidae livestock operation may not be removed
20 from its package or container or have removed from it the label
21 provided for in this subsection until final consumption or
22 disposal.
23 * * *
24 § 2380.9. Game and Wildlife Code and regulations.
25 [This subchapter supersedes any contrary provision in 34
26 Pa.C.S. (relating to game).] (a) Code.--The provisions of 34
27 Pa.C.S. (relating to game) are repealed insofar as they are
28 inconsistent with this subchapter.
29 (b) Regulations.--
30 (1) The provisions of 58 Pa. Code Pt. III (relating to
20050H1580B1981 - 7 -
1 Game Commission) are abrogated insofar as they are
2 inconsistent with this subchapter.
3 (2) Notwithstanding any other provision of law, the
4 Pennsylvania Game Commission has no authority to promulgate
5 regulations on Cervidae livestock operations.
6 Section 5. This act shall take effect as follows:
7 (1) The amendment of 3 Pa.C.S. § 2380.2 shall take
8 effect in 120 days.
9 (2) The remainder of this act shall take effect
10 immediately.
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